Wisconsin Statutes 194.53 – Certain liability provisions in motor carrier transportation contracts prohibited
Current as of: 2023 | Check for updates
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Terms Used In Wisconsin Statutes 194.53
- Common motor carrier: means any person who holds himself or herself out to the public as willing to undertake for hire to transport passengers or property by motor vehicle upon the public highways. See Wisconsin Statutes 194.01
- Contract: A legal written agreement that becomes binding when signed.
- Contract motor carrier: means any person engaged in the transportation by motor vehicle over a regular or irregular route upon the public highways of property for hire, including the transportation of buildings, as defined in…. See Wisconsin Statutes 194.01
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- For hire: means for compensation, and includes compensation obtained by a motor carrier indirectly, by subtraction from the purchase price or addition to the selling price of property transported, where the purchase or sale thereof is not a bona fide purchase or sale. See Wisconsin Statutes 194.01
- Person: means and includes any individual, firm, partnership, limited liability company, corporation, company, association, including express and forwarding companies or agencies and railroad companies, or their lessees, trustees or receivers. See Wisconsin Statutes 194.01
- Property: includes real and personal property. See Wisconsin Statutes 990.01
(1) In this section:
(a) “Affiliate” of a promisee means any agent of the promisee or any independent contractor that is directly responsible to the promisee, but excludes a motor carrier that is a party to a motor carrier transportation contract with the promisee, any employee or agent of such a motor carrier, or any independent contractor directly responsible to such a motor carrier.
(b) “Motor carrier” means a common motor carrier or contract motor carrier.
(c)
1. “Motor carrier transportation contract” means any agreement, regardless of whether it is written, oral, express, or implied, between a motor carrier and a promisee covering any of the following:
a. The transportation of property for hire by the motor carrier.
b. The motor carrier’s entrance on property for the purpose of loading, unloading, or transporting property for hire.
c. Any service of the motor carrier incidental to any activity under subd. 1. a. or b., including the storage of property.
2. “Motor carrier transportation contract” does not include the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America or other agreements providing for the interchange, use, or possession of intermodal chassis, containers, or other intermodal equipment.
(d) “Promisee” means any person that enters into a motor carrier transportation contract with a motor carrier.
(2)
(a) Notwithstanding s. 401.302, ch. 407, and any other provision of law, no provision of a motor carrier transportation contract, and no covenant or agreement collateral to or affecting a motor carrier transportation contract, may indemnify, hold harmless, or require the motor carrier to provide a defense to the promisee or any employee or affiliate of the promisee, or have the effect of indemnifying, holding harmless, or requiring the provision of a defense, from or against any liability for loss or damage resulting from the negligence or intentional acts or omissions of the promisee or any employee or affiliate of the promisee.
(b) Any provision, covenant, or agreement in violation of par. (a) is void and unenforceable.